a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.

these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.

any obligation of any person arising from this agreement may be performed by any other person.

in this agreement references to a party include references to a person to whom those rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that party.

the headings to the paragraphs and schedules to this agreement do not affect the interpretation.

a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.

these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.

this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

Our contract with you

This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.

Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.

If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.

Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.

The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.

If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.

We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.

Acceptance of your order

Your order is an offer to buy from us. Nothing said or done by us is an acceptance of an order until we confirm acceptance in writing, referring to the order.

AND

Your order is an offer to buy from us. We shall accept your order by [e-mail confirmation]. That is when our contract is made. [Our message will also confirm details of your purchase and tell you when we shall despatch your order].

If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:

accept the alternatives we offer;

cancel all or part of your order.

Price and Payment

The price payable for the Goods that you order is clearly set out on Our Website.

Prices include goods and services tax (“GST”).

Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than New Zealand dollar will be borne by you.

If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than [15] days from the date when we accept that repayment is due.

Security of your credit card

We take care to make Our Website safe for you to use.

Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

Cancellation and refunds

The following rules apply to cancellation of your order:

If you have ordered Goods, but they have not yet been dispatch you may cancel your order without giving a reason, at any time within 2 days of your order. You will have no obligation and we will return your money.

We will return your money subject to the following conditions:

we receive the Goods in a condition in which we can re-sell them at full price, in new condition, with labels and packaging intact.

you comply with our procedure for returns and refunds.

The option to cancel your order is not available:

if you purchase sealed goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;

if they are a hard medium for a product in soft copy, which comes to you sealed and is returned to us unsealed.

If the Goods are somehow mixed with other goods so that we cannot identify or easily separate them.

In any of the above scenarios, we will return your money within 14 days.

Delivery and pick up

Goods are delivered within [3-4] days from the day you place an order to purchase the Goods.

Deliveries will be made by the Carrier to the address stipulated in your order.

If we are not able to deliver your Goods within [3-4] days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.

Goods containing Alcohol must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver.

If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.

Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.

Foreign taxes and duties

If you are not in New Zealand, we have no knowledge of, and no responsibility for, the laws in your country.

You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

Liability for subsequent defects

We will repair or replace Goods which fail to comply with the provisions of the Fair Trading Act 1986 and the Consumer Guarantees Act 1993 or which show a defect. If you claim that the item is defective, the following conditions apply:

If we agree that we are liable, we will refund the cost of return carriage and will repair or replace the Goods free of charge.

If we replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.

Goods returned

These provisions apply in the event that you return any Goods to us for any reason:

We do not accept returns unless there was a defect in the Goods at the time of purchase, or we have agreed in correspondence that you may return them.

The Goods must be returned to us as soon as any defect is discovered but not later than [15 days].

So far as possible, Goods should be returned:

with both Goods and all packaging as far as possible in their original condition;

securely wrapped;

including our delivery slip;

If delivery was made to New Zealand address, you are also protected by the Fair Trading Act and the Consumer Guarantees Act .

If we agree that the Goods are faulty, we will:

refund the cost of return carriage;

replace the Goods as we choose.

Disclaimers

The law differs from one country to another. This paragraph applies so far as the applicable law allows.

All the conditions, warranties or other terms implied by the law of any county other than New Zealand are excluded from this agreement to the extent permitted by law.

We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.

You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.

We give no warranty and make no representation, express or implied, as to:

the quality of the Goods;

any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;

the correspondence of the Goods with any description;

the adequacy or appropriateness of the Goods for your purpose;

non-infringement of any right.

Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.

Your account with us

You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.

If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.

You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

Restrictions on what you may Post to Our Website

You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:

be malicious or defamatory;

consist in commercial audio, video or music files;

be illegal, obscene, offensive, threatening or violent;

be sexually explicit or pornographic;

be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;

give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;

solicit passwords or personal information from anyone;

be used to sell any goods or services or for any other commercial use;

include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;

link to any of the material specified above, in this paragraph;

send age-inappropriate communications or Content to anyone under the age of 18.

Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

hyperlinks, other than those specifically authorised by us;

keywords or words repeated, which are irrelevant to the Content Posted;

the name, logo or trademark of any organisation other than yours;

inaccurate, false, or misleading information.

Removal of offensive Content

For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.

We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.

If you are offended by any Content, the following procedure applies:

Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.

we shall remove the offending Content as soon as we are reasonably able;

after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;

We may re-instate the Content about which you have complained or not.

In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.

You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.

link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;

download any part of Our Website, without our express written consent;

collect or use any product listings, descriptions, or prices;

collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;

aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;

share with a third party any login credentials to Our Website.

Despite the above terms, we now grant a licence to you to:

create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.

you may copy the text of any page for your personal use in connection with the purpose of Our Website.

Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

your failure to comply with the law of any country;

your breach of this agreement;

any act, neglect or default by any agent, employee, licensee or customer of yours;

a contractual claim arising from your use of the Goods;

a breach of the intellectual property rights of any person.

Intellectual Property

We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).

Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.

You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.

Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

Miscellaneous matters

When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.

Where we provide goods without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods.

If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

This agreement does not give any right to any third party.

Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control.

In the event of any conflict between any term of this agreement and the provisions of the constitution of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

The validity, construction and performance of this agreement shall be governed by the laws of New Zealand.